Drug Use And Prosecution?

ca
7

My friend's house was searched a few days ago. No drug trafficking was detected, but his cell phone and laptop were confiscated. On this laptop there are chats in which it can be seen that I have also consumed. I don't have anything in the house myself and if nothing is found during a house search, should I expect further police action?

Am

Consumption of any substance is legal in Germany.

ca

Unfortunately that doesn't answer my question

Am

But. Think hard, do you have to expect criminal consequences if you have not committed a crime?

Ma

However, prior possession of narcotics is assumed when consuming narcotics. That very possession is punishable. Thus there's at least a suspicion of a criminal offense. If you combine this with Section 163 (1) of the StPO, you very quickly come to the conclusion that the police / StA are very likely to start investigative proceedings.

Am

If no one can prove that you have possessions at the moment, you have nothing to fear.

ca

If it is clear in the chats that I bought the substances and also had them in possession, it is still the case that nothing is in store for me.

Ma

And that's exactly the point. I also didn't say that someone would be punished accordingly. It is just a matter of the preliminary investigation. It is well known that many advertisements according to the BtMG end up in the trash. The question from @ MaxMustermann460 was whether further police steps are to be feared. Under Section 163 (1) StPO, the criminal prosecution authorities are obliged to investigate the slightest suspicion of a criminal offense. Thus, with a very high probability, it will also be determined against him as soon as the chat history is found. Whether there will ultimately be an indictment because there's a certain burden of proof against him is a completely different matter.